Backup Documents 05/28/2024 Item #16B 1 .ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office
OOP 4/6f 2 f
2. BCC Office Board of County CN _ /
Commissioners S/ 6/8/Cgg
3. Minutes and Records' Clerk of Court's Office I
9 1- 8/°)q Ic5P14
Please scan under MISC Proj. No. 90000 in the BMR Real Property Folder. Thank you.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number 252-5880
Contact/ Department , Transportation Engineering-ROW
Agenda Date Item was 5-28-2024 Agenda Item Number 16-B-
Approved by the BCC
Type of Document Termination&Subordination of Easement Number of Original 1
Attached Interest Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? RLG
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A
3. Original document has been signed/initialed for legal sufficiency. (All documents to be /�
signed by the Chairman,with the exception of most letters,must be reviewed and signed Ol�Jf
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the RLG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RLG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. RLG
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC 5-28-2024 and all changes made during the N/A is not
meeting have been incorporated in the attached document. The County Attorney's Q an option for
Office has reviewed the changes,if applicable. DP this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the O f)( an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1681
PROJECT: 90000-Big Cypress Parkway
PARCELS: 194FEE
FOLIOS: 00115200009
TERMINATION &SUBORDINATION OF EASEMENT INTEREST
THIS TERMINATION & SUBORDINATION OF EASEMENT INTEREST is given
this ZS?w day of /vI 2024 by GARGIULO, INC., a Delaware
corporation, whose post office address is 15000 Old US 41 North, Naples, FL 34110
(hereinafter referred to as"Easement Holder"), in favor of COLLIER COUNTY,a political
subdivision of the State of Florida, its successors and assigns,whose post office address
is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as"Collier County"). Easement Holder is used as
singular or plural, as the context requires.
WITNESSETH:
WHEREAS, Easement Holder is the owner and holder of that certain Access
Easement Agreement by and between Collier Land Holdings, Ltd., a Florida limited
partnership, CDC Land Investments, LLC, a Florida limited liability company, and •
Easement Holder, and recorded on June 18, 2019 in Official Records Book 5642, Page
3497 et seq. of the Public Records of Collier County, Florida, (hereinafter referred to as
the "Existing Easement"), encumbering the premises legally described therein
(hereinafter referred to as the"Encumbered Property");
WHEREAS, Collier County has requested and received from the fee simple owner
of the Encumbered Property a warranty deed over, under,on and across a portion of the
Encumbered Property legally described in Exhibit "A"attached hereto and incorporated
herein by virtue of this reference (which premises are hereinafter referred to as the
"Property");
WHEREAS, prior to the conveyance of the Property to Collier County, Collier Land
Holdings, Ltd., a Florida limited partnership and CDC Land Investments, LLC granted a
100'widg access easement to Easement Holder,which was recorded at Official Record
Book (o 53 4, Page ( (CI 3 , of the Public Records of Collier County, Florida, a copy of •
which is attached hereto as Exhibit"B"("New Easement"); and
WHEREAS, Collier County has requested that Easement Holder consent to and
subordinate its Existing Easement to the interest that Collier County has in the Property
to which request Easement Holder has agreed, upon the terms and conditions herein
recited.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Easement Holder does hereby consent to and subordinate its Existing Easement to
the interest held by Collier County in said Property and any interest of Collier County in
any road right of way, sidewalk, utility, drainage, maintenance facilities, and other such
uses (the "Improvements") located therein or affixed thereto, provided however, that if
Collier County constructs a paved roadway running north and south within the Property
("Big Cypress Parkway")then:
a. At such time, Collier County shall also provide a curb cut on the Big Cypress
Parkway at the easterly limit of the New Easement("Curb Cut").
b. Collier County shall not be responsible for the design,permitting or construction of
the paving or drainage or any improvements within the New Easement.
c. Easement Holder may continue to use the Existing Easement until the Big Cypress
Parkway, including the Curb Cut, is constructed and the Big Cypress Parkway,
with the Curb Cut, is open and available for use to and from Immokalee Road by
the general public.
d. Easement Holder shall automatically release,terminate,and otherwise extinguish
the Existing Easement once the Big Cypress Parkway with the Curb Cut is open
and available for use by the general public to and from Immokalee Road,and such
termination shall be evidenced and recorded by the Easement Holder at its sole
cost in the Public Records of Collier County, at the written request of the County
Manager or designee.
[23-ECM-02886/1847318/1] Page 1 of 2
CAO
16B1
e. Big Cypress Parkway shall be constructed so that there is not a median or other
impediment to lefthand turns onto the New Easement at the Curb Cut for vehicles
heading southbound on Big Cypress Parkway. However, if such lefthand turns do
not comply with State of Florida Department of Transportation Design and/or
Safety Standards, lefthand turns shall be provided at an alternative location to be
agreed between the parties that does comply with such Standards and,failing such
agreement, at a location to be determined in the sole and absolute discretion of
Collier County's County Manager or designee
f. Collier County planned improvements shall provide reasonable temporary access
across the Property during the construction of the Big Cypress Parkway so that
Easement Holder's access from lmmokalee Road to and from Oil Well Road is not
obstructed. Such reasonable temporary access shall be subordinate to, and not
inconsistent with, Collier County's construction activities of Big Cypress Parkway.
The Existing Easement shall remain in full force and effect until it is terminated as
provided herein.
IN WITNESS WHEREOF, Easement Holder has caused these presents to be
executed this 20'm day of March , 2024.
Witnesses: GARGIULO, INC.,
��al, .9 a Delaware corporation
Print Name. :Tacit( `Zf(Lc4h46r Post Officeilinilli(4..da
Address: 15000 old 4I 1.] By
Pt_ 3 I O Name: Miehaei %JJ. Sullivan .
Title: Presider.-t / CEO
Print Name: NA..c..a v>e.ruvs-rt
Post Office
Address: t6000 Old 4-i J.
titnp its,c t. 34-tto
STATE OF F DC1.80.
COUNTY OF (p(tie,f
The foregoing instrument was acknowledged before me by means of+ hysical
presence %WMiF* itarization this 204hday of I"t Ck,r'Ch 2024,
by IlAic 1 .O!60A 040 , as Pr ' c.erc+ I CEO of Gargiulo, Inc., a Delaware
corpok*iol3o_r' h . e orporation,who [ t/'is personally known to me or[ ]
prod ped ••9PJpRYpe ,e. -. S for identification.
* :,� •4843 '*= Notary: /.J ' b L.�2� )
[N r`:�a S�A�1 T ,k• 7. � i Co�i Pi ?pu�/Ced dar,,3..•_0\_, Print Nam-. <T (c.e. .b. Co 11 Ills
.0;• 111 o,�.\��� Notary Public,State of Florida
My commission expires: 0242812025
Date: /1161 Z'$TM , 2024 COUNTY:
ATTEST:' BOARD O UNTY COMMISSIONERS,
CRYSTAL K. KINZEL, Clerk of the COLLIE NTY, FL IDA
Circuit Court&Comptroller
By.����- ti' .tetc,V-� By.
`beputy sgn4t4r4aAi;ran'sr y Ch s Hall, Chairperson
Ap o'ed as to form and legality:
OkkAk 0 rx.---,e2
D EK D. PERRY, ESQ. �,
Assistant County Attorney h
123-ECM-02 8 86/1 847 3 1 8/1] 'I, Page 2 of 2
-10
1b81
TE-ROW
9/21/22 194FEE
Exhibit A
Page 1 of 5
GENERAL NOTES:
I. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF,
SECTION 21 SECTION 22 SECTION 23
2, COORDINATES AND BEARINGS ARE BASED ON THE FLORIDA
STATE PLANE GRID,EAST ZONE,83/90 ADJUSTMENT.
3. THE LEGAL DESCRIPTIONS FOR EACH PARCEL IN THIS SKETCH
AND DESCRIPTION ARE WRITTEN IN A CLOCKWISE DIRECTION.
—_L—__—__
'------T"—"----------� 4. THE UNE AND CURVE NUMBERS PROCEED IN A CLOCKWISE
DIRECTION AROUND EACH PARCEL AND ARE III CONSECUTIVE
,,..1. LpWON ROAD ORDER,THE FIRSTVAIN
ANO LAST LINE AND CURVE NUMBERS FOR
000'go.) EACH PARCEL ARE SHOWN ALONG TH OCCASIONAL LINE ARO
(oR.5776,IN JJl) CURVE NUMBER DEPICTIONS,FOR MAP CLARITY PURPOSES.
5. P.O.C.=POINT OF COMMENCEMENT.
U.E.B-UPUTYT EASEMENNNING.
a1E VALE PARCD,9
)SAL ALE,N.E. - 210.00' UPS BEARING o OSTTANC[ '
II
SECTION u Pi°TEE..w 347AI' N POP COORDINATE I ISONG PER TRACT. •
oo.BRa 28 IA N 25'45'1U w 5164.0.9
GRADE po 44 H SP46'2U'C 27I.65' Eli
PARCEL 1=E.487891.57 N.718154.06
(1°°OUR) a 9 2Ja0099•[ GRIll, I I PARCEL 2=E.488025.30 N.712862.56
L7 5 2545'10'E J1.40' WWW
IA 5�l1'47-w isles}' SCALE: I•=1000• PARCEL 3=E.488029.33 N.712682.58
M m PARCEL 4=E.488067.01 N.706814.37
>aM AVL N.C. 6 PARCEL 5=E.488090.46 N.701709.80
SECTION 27 SECTION 26
PARCEL 6=E.488095.43 N.700620.61
PROPOSED ICE ILI. TOWNSHIP 47 SOUTH, RANGE 28 EAST AALLIAI7L1T1711j//// PARCEL 7>•E.488111.29 N.697138.48
. or...W.Hq O / PARCEL B-E.488115.85 N.696201,34
PARCEL 9 `
90.41 ACRES •A P ,'I•AA •
( .`�co 7�Ct •Pj IF ICq. ti AAi PARCEL 9 E.487790.5I N.734026.62
TRIM AW.N.E.
*, NO 5808 ;*- PREPARED FOR WE BENEFIT OF:
COLLIER ENTERPRISES MANAGEAIENI,INC.
I; STATE OF :m=
GI 7 Q: AGNOU,BARBER Al BRUNDAGE INC.
iP •••R ;t', PROFESSIONAL ENGINEERS,"INNERS,SURVEYORS
••.Cap..•9 .D; &LANDSCAPE ARCHITECTS
RCM ME.N.E. C Ai.'9FOB •N OR,b N\`, tT°°6e w...s+,:::..w..
P.O.C.PAR 9 L2 P.O.B.PARCEL 9 A//////EURVE1997159 GEORGEIY. ACKN;,,,.��.'1NY K 1 6 SEPTEMBER 20,2022
SCUT-MST GORIER OF ` 0
SECTION 27,T475,RODE)LI 4 ` NORIN LINE Of •
,.'�C3 TAGS,NONE LEGAL DESCRIPTION ATTACHED HERETO
CURVE TABLE PARCEL IT POT A SURVEY
01096 awns DELTA ANGLE D LENGTH 9 EOTIRR: `
S CI 2000.00' 4.36'00' ARE
°fi COLLIER ENTERPRISES MANAGEMENT, INC.
wont Ave.D.C. \ C7 2l°O,DO' JJiI'S9' li)4.)Y drawn:
C3 talc ypE{Cp AND DESCRIPTION°P
g. Ns:
')60OR 6'JS'OS' J19.5)• Ot°ETHICS,PARKWAY PARCEL 0,DOHO PART OF �`
\ C• 110.oe 6'J901• 657.79' SECTIOPE HE 16 AND 14,TOWNSHIP 4T SOUTH.MOE TO EAST checked:
AHD SCLTIONS 1 AND O,TOOUNHIP 40 SOUTH,p6D0E 26 LAST d 4:
•4-MEW COWER COMET,LTARIOA ec°°/:
6k: pp: dole:• View: D0
\�uLLL AUGUST L2,2022 Rp
HR0P05E0 ie•U.N. = 4\.K .1 GNDLT le; uE
I'=1000' d o0 p
a2N0 Alr'At— 1\•\ RBER k °4SIO/04-OOID A sh.•L I,T:K
O_ SECTION 34 0 SECTION 35 RUNDAOE,IIr. I 15
4\� P,ulu.4=..t 1w,A t"'NIanner..eurrayer•.1 d n T444"" 14=Oleo,•1.1.8.-1
9-zo-22 RsvcseD. "•�w.a:«4 roH1..-u44 Vale A:
W`4 A.1232a4 ,
16B1
1 94FEE DOB
Exhibit A
Page 2 of 5
TENFRAL NOTES'
AVE N.E.
1. DIMENSIONS ARE IN FEET ANO DECIMALS THEREOF.
•
P.O.C.PARCEL 9 L2 N P.O.B.PARCEL 9 2. COORDINATES AND BEARINGS ARE BASED ON THE FLORIDA
SOUTHWEST CORNER OF a E STATE PLANE GRID.EAST ZONE,83/90 ADJUSTMENT.
SECR0H 27,T475,R28E)LI .4. NORTH UNE OF 3. THE LEGAL DESCRIPTIONS FOR EACH PARCEL IN THIS SKETCH
{ q `b US. 34, AND DESCRIPTION ARE WRITTEN IN A CLOCKWISE DIRECTION.
I
T4B5,R28E
l' I, 9. THE LINE AND CURVE NUMBERS PROCEED IN A CLOCKWISE
thRIS r4etE PARCEL 9 OR E ID TIN AROUND EACH PMLIN AND ARE IN NUMBCONSERSRVE
cuRVE 050IOS DELrA ANLIF u+c 105114ORDER.THE FIRST AND UST LINE AND CURVE NUMBERS FOR
\,\ TI 2000.00' 4•J5'00' 190.99' EACH PARCEL ARE SHOWN ALONG WITH OCCASIONAL LINE AND
e4N AK.NE CS 220007' JS'11'S9• 1224.77, NCURVE NUMBER DEPICTIONS,FOR MAP CLARITY PURPOSES.
C3 2760.00' 6']6'O3' JI9.SY 5. P.O.C.-POINT OF COMMENCEMENT.
\. C{ 7320.00' 6'J9'0E" 6]I.10' P.0.8.w POINT OF BEGINNING.
\ U.E.-UTILITY EASEMENT..Dr
\\
of SfU P 013 COORDINATE I ISTING PER TRACT.
PROPOSED 10'ME- - MADE RD. SCALE:I.-IDOD'
,1 MAT R.D.w) PARCEL I -E.487891.37 N.718134.06
MD AK.NE. \,\ PARCEL 2-E.4813025.30 N.712882.56
CI SECTION 34 . ❑ SECTION 35 PARCEL 3-E.488029.33 N.712682.58
\\ PARCEL 4-E.488067.01 N.706814.37 •
U.c rco,A PARCEL 9 A PARCEL 3 w E.488090.46 N.701709.80
\1 UUE DENIM DISTANCE
LI 0023 O'E 47.0 PARCEL 6-E.488095.43 N.700620.61
L7 25'43'40"E 30.40' PARCEL 7-E.488111.29 N.697138.48 '
o La00'21'42•E 1216.56'
60N AK.NE. \\ l9 OW21']9"E 2633.27�
L10 00'24'33"E 2653.06' PARCEL 8 w E.488115.85 N.696201.34
u u
3 LID 00'24'33'w 2L53.2Y PARCEL 9 w E.487790.31 N.734026.62
1\,\ L20 I 04421.39"W 2233.26'
L21 00.21.47"W 2633.12'
PARCEL 9
(90.41 ACRES) L\\ TOWNSHIP 47 SOUTH, RANGE 28 EAST
MIN A.E.N.E.
_ .- .- -..- I I
1\\
•
TOWNSHIP 48 SOUTH• RANGE 28 EAST
\\ LEGAL DESCRIPTION ATTACHED HERETO
5615I.K.N.E. _ - 1\\ NOT A SURVEY
OO'I COLLIER ENTERPRISES MANAGEMENT, INC.\de51grn1''
\\ tale: STI TCN AND DESCRIPTION Or drawn'
10 CYPRS PARATAY PARCEL L.MKS PANT OP 2�
SS
SSOTTONS IT,22 AND 24,TOWNSHIP 47 SOWN,RAHOS II CAST Checked:
�21D.OD' \\ AND SECTIONS 3 AND le,TCONNHIP 46 SOUTII,MHOS t6 EAST GUI` COWER COUNTY.M1ORIOA I702Rt
bk: PO, dale: view:
S.D.Ave N.E. . AUGUST l2,2022 IINrt
O SECTION J \\ li�INOLt style: Proleet�;
I SECTION 2 1"=moo'
\\ 5pAROER B 0O9D/: a�ee�18-x,
aJRUNDACE,wc 8078/14-0018 /:
Proles.Wiwi•N Inc Tv.P1m7m.•Orn4 Y lelends.Re architect. l 2 of 5\\ R-2D-22 REWIs6D. 0.1.1 www..FL 34.10.5:1 I2131121,1111/41 e•N.._,•e,/r"/:
/.1 23213.
1 6 B I
•
•
•
194FEEE:unt'd
Exhibit A
Page 3 of 5
•
lam `\\ BFNFRAI NOTES:
UM AVE.Toe. `\\ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
O SECTION 3 SECTION 2 2. COORDINATES AND BEARINGS ARE BASED ON THE FLORIDA
\' STATE PLANE GRID,EAST ZONE.83/90 ADJUSTMENT.
3. THE LEGAL DESCRIPTIONS FOR EACH PARCEL IN THIS SKETCH
AND DESCRIPTION ARE WRITTEN IN A CLOCKWISE DRECTION,
\`\ 4. THE UNE AND CURVE NUMBERS PROCEED IN A CLOCKWISE
DIRECTION AROUND EACH PARCEL AND ARE IN CONSECUTIVE
_ `\ ORDER.THE FIRST AND LAST LINE AND CURVE NUMBERS FOR
\ EACH PARCEL ARE SHOWN ALONG WITH OCCASIONAL LINE AND
r r N CURVE NUMBER DEPICTIONS.FOR MAP CLARITY PURPOSES. •
S •
S. P.O.C.-POINT OF COMMENCEMENT.
. N,PARCEL 9 `\\ 1P.0.6.=POINT OF BEGINNING.
ITi (90.41 ACRES) U.E.-UTILITY EASEMENT.
•
TOWNSHIP 48 SOUTH, RANGE 28 EAST p.
\`\ SCALE,I.=1000' PO.B.COORDINATE I!STING PFR TRACT. .
PARCEL 1 -E.487891.57 N.718154.06
I El \\*1 p PARCEL 2-E.488025.30 N.7121382.56
PARCEL 3-E.48E1029.33 N.712682.58
ONE TABLE PARCEL a •
Lea BEAA'NO WAKE \\ PARCEL 4-E.488067.01 N.706814,37
8670
210.00' LI I 5 00.25'2e"E 2E50.05' •
LID 5 0074 42"E 2653.ZIE PARCEL 5-E.488090.46 N.701709.80
LIS 5 002550'E 2+2.07 \
5 Sr5VOO'w 106.63' `\,1( aLAnC eD PARCEL 6-E.488095.43 N.700620.61
LIS Oa'34'10'w (100'RO.w)
LIE N BO25'sf'w SO7.17- PARCEL 7-E.488111.29 N.697138.48
117 N 0C2.'a2'w 2153.15' '
LIB N 0025'2e"w 2850.0(- \L\ PARCEL 8-E.488115.85 N.696201.34
• \`\ PARCEL 9-E.487790.51 N.734026.62
.7N AIE.NE. •
PROPOSED 10'LSE.- `\,\
air�u SECTION 10 o \,\SEC DON II •
-�LISIS RNERGRASS VILLAGE \ '
+SIR Mt NE. SRA TRACT I \
•
\\ LEGAL DESCRIPTION ATTACHED HERETO
\,\ NOT A SURVEY
1.90 AVE N.E. ) \\ '10r'COLLIER ENTERPRISES MANAGEMENT, INC.‘de6lgn: `
Mlle: !MATCH AND 0CI06RTIOR OP drown:
` !IC CYPRESS PARKWAY'AR W.MEINC PART OF JAN
\1 'ARM 580 SEC ON 1O..AND 5/.TOWIRNR 47 10011E RM'06[1 6A[7 chocked:
ANp 6MIOR!1 TCONMP 4O DTI!.RAMC!2O 111E dR:
` COWER COUNTY,FLORIDAN 1737-
b4: P9: dale: ,ITO78-SOS
\,\
O AUGUST 12,2022 Hew.
TOWNSHIP 48 SOUTH, RANGE 28 EAST �•• CINDER I =woo.
pro tad/'
\\ RBER& Hogs Y: if-DPI-D'O
SECTION 15 SECTION 14 RUNDAGE,.c ` BS78/14-Dole N:
Prof.nlenal.n[In..n,Pl.ne.n.6urn7en k land...'.Architects .{ 1 5
1 9-20-SO REVISED.\\ „w.1 A.u.N,.d..N..R 6 u,R ui.Ini WA+7 eliiee-Kuala.-eau lile/:
`r':°ed •• •• .'12328.
� 6B1
Exhibit A
Page 4of5
4_f ”AGNOLI
BARBER &
BRUNDAGE, INC.
Professional Engineers, Planners & Land Surveyors
Collier County:7400 Tamiami Trail N.-Naples,FL-34108 Ph.:(239)597-3111-Fax:(239)566-2203
LEGAL DESCRIPTION OF BIG CYPRESS PARKWAY PARCEL 9
ALL THAT PART OF SECTIONS 27,28 AND 34,TOWNSHIP 47 SOUTH,RANGE 28 EAST AND SECTIONS
3 AND 10,TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE AFORESAID SECTION 27;
THENCE N 89°36'07"E ALONG THE SOUTH LINE OF SAID SECTION 27 A DISTANCE OF 10.00 FEET TO
AN INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST
LINE OF SAID SECTION 27 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED,SAID POINT OF BEGINNING OF PARCEL 9 HAVING A NORTHING COORDINATE VALUE
OF 734026.62 AND AN EASTING COORDINATE VALUE OF 487790.51 BASED ON THE FLORIDA STATE
PLANE EAST ZONE, 83/90 ADJUSTMENT;
THENCE N 00°23'53"W ALONG SAID PARALLEL LINE A DISTANCE OF 347.01 FEET TO AN
INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY
RIGHT-OF-WAY OF OIL WELL GRADE ROAD(100' R.O.W.);
THENCE N 25°45'40"W ALONG SAID PARALLEL LINE A DISTANCE OF 5284.08 FEET TO AN
INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD(200' R.O.W.);
THENCE N 89°46'20"E ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 221.65 FEET TO AN
INTERSECTION WITH A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY
RIGHT-OF-WAY OF OIL WELL GRADE ROAD;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S 25°45'40"E ALONG SAID PARALLEL LINE A
DISTANCE OF 3850.77 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 2000.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°35'00"AN ARC
DISTANCE OF 159.99 FEET;
THENCE S 30°20'39"E A DISTANCE OF 567.01 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 2200.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°11'59"AN ARC
DISTANCE OF 1274.77 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY;
THENCE S 25°45'40"E ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 30.40 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S
89°39'13"W AND HAVING A RADIUS OF 2760.00 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 06°38'03"AN ARC DISTANCE OF 319.57 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 7390.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°39'02"AN ARC
DISTANCE OF 857.79 FEET TO AN INTERSECTION WITH A LINE 210.00 FEET EASTERLY FROM AND
PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 34;
THENCE S 00°21'47"E ALONG SAID PARALLEL LINE A DISTANCE OF 1216.56 FEET;
THENCE S 00°21'39"E ALONG A LINE 210 FEET EASTERLY FROM AND PARALLEL WITH THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2633.27 FEET;
THENCE S 00°24'53"E ALONG A LINE 2I0.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 3 A DISTANCE OF 2655.06
FEET;
•
SHEET 4 OF 5
t681
Exhibit A
Page 5of5
THENCE S 00°25'28"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2650.05 FEET;
THENCE S 00°24'42"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 10 A DISTANCE OF
2653.20 FEET;
THENCE S 00°25'50"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 DISTANCE OF 242.07 FEET;
THENCE LEAVING SAID PARALLEL LINE S 51°59'09"W A DISTANCE OF 106.63 FEET;
THENCE S 89°34'10"W A DISTANCE OF 115.50 FEET TO AN INTERSECTION WITH A LINE 10.00 FEET
EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 10;
THENCE N 00°25'50"W ALONG SAID PARALLEL LINE A DISTANCE OF 307.17 FEET;
THENCE N 00°24'42"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2653.15 FEET;
THENCE N 00°25'28"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 3 A DISTANCE OF 2650.08
FEET;
THENCE N 00°24'53"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2655.25 FEET;
THENCE N 00°21'39"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 34 A DISTANCE OF 2633.26
FEET;
THENCE N 00°21'47"W ALONG A LINE 10,00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2633.12 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 34 AND THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 90.41 ACRES.
REF.ABB DWG#12328-SD9
SHEET 5 OF 5
INSTR 6518421 OR 6338 PG 1193 E-RECORDED 3/13/2024 9:33 AM PAGES 7 9 6 B 1
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $61.00
CONS $10.00
EXHIBIT i-3
Page / of
This instrument prepared by:
Larry B.Alexander,Esq.
Jones Foster P.A.
505 South Flagler Drive,Suite 1100
West Palm Beach,FL 33401
..� EASEMENT AGREEMENT
THIS EAST .GREEMENT (the"Agreement") is made and entered into this 4-
day of IAGUr(,1n 2024, by and between Collier Land Holdings, Ltd., a Florida
limited partnership whose addres is 999 Vanderbilt Beach Road,Suite 507,Naples,Florida 34108
("GRANTOR"), and Gargitt16: 'c., a Delaware corporation, whose address is 15000 Old US 41
North Naples,FL 34110 ("G TEE").
,
r„..-. RECITALS:
A. Grantor is the fee simple,owneraf that certain parcel of land, as more particularly
described on attached Exhibit"A"(the"has nt\Area");
B. Grantee is the fee simple ownexfdf`ee ain real property located contiguous to Oil
Well Grade Road and east of the Easement Area `Earm"); and
f,t `:
C. Grantor desires to establish an access ease ent over and across the Easement Area
for the benefit of Grantee,as the owner of the Farm, t-it*s1.A,ccessors in title,upon the terms and
conditions herein provided in order to provide ingress'>ad. ass from the Farm over and across
Oil Well Grade Road to the future Big Cypress Parkwa as: on Exhibit"A"), once the Big
Cypress Parkway is constructed by Collier County.
NOW, THEREFORE, for and in consideration of the sUpeOf fen Dollars ($10.00), the
covenants and agreements set forth herein, and other good and vatuaple consideration,the receipt
and sufficiency of which are hereby acknowledged, Grantor and Lira ,.'r-itending to be legally
bound,do covenant and agree as follows:
1. The rights, easements,restrictions and obligations established4n Agreement shall
run with the Easement Area and the Farm burdening the Easement Arta for the benefit
of the Farm and shall be binding upon the Easement Area and apptipafiairitto the Farm.
The easement rights herein granted shall be for the non-exclusive benefit of Grantee,
as the owner of the Farm,its successors in title,and its tenants,customers,mortgagees,
invitees, employees, agents, contractors and licensees, successors and assigns
(collectively, the "Benefited Parties") and remain in effect perpetually to the extent
permitted by law. The benefits and burdens of the easements granted by this Easement
Agreement and the agreements referenced herein shall bind and benefit the Grantor and
Grantee and their respective successors, successors in titles, legal representatives and
assigns.
OR 6338 PG 1194 1 6 U 1
EXHIBIT 3
Page )-of 1
2. Subject to the terms and conditions hereinafter provided, Grantor hereby grants and
conveys to Grantee, for the benefit of the Grantee, as the owner of the Farm, and its
successors in title, a non-exclusive,perpetual easement over,upon,across and through
the Easement Area for the purposes of providing access, ingress and egress by
pedestrian and vehicular traffic.
3. Gr t ,,,l s,successors and assigns are under no obligation to improve or maintain the
Easter;,"_ea. Grantee shall at its sole expense make such improvements or repairs
to the` ` t Area as Grantee may require in order to utilize the benefits of the
Easemerif, e9 ,eul herein. Notwithstanding the foregoing,in the event one or more of
the Benelitted.:P'weir
causes extraordinary damage to the Easement Area over and
above ordin"" 'ewe r and tear by use of such areas in the manner for which it was
intended,then Grwnxeehall repair and restore such Easement Area,at its sole expense,
to a condition 5s"at
the same as the Easement Area were in prior to the
extraordinary dam caused by Grantee or its Benefitted Parties.
4. Grantor and Grantee d ., `t agree that no party hereto shall at any time erect,
construct, or cause to be 4'gr constructed, any fence, wall, curb or other barrier
upon the Easement Area oia a ril. er interfere with or restrict the full and complete
use and enjoyment enj y by any y p" ;,-„,,pIi easement granted herein, except that Grantor or
any Benefitted Party may maintai, ' ',tall gates within the Easement Area,provided
that Grantor and Grantee have e,:al ' to open and travel through all such gates at
all times, and if locked, each of th artz,ghhall have a copy of keys or combinations
necessary to open any locks and tra. t�i .Easement Area. After traversing the
Easement Area through a locked gate; se- .a6' traversing such Easement Area shall
lock such gate after each use. ,
5. Whenever any construction,maintenance,re►a'y ,,o�^.� eacements are performed on an
Easement Area,such work shall be done expedi usly/and in a good and workmanlike
manner and in accordance with all applicab`1 aws,:,,,codes, rules, statutes and
regulations of governmental authorities having jurisdic. ` ereof. Such work shall be
carried out in such manner so as to cause the least amou_l�tliruption as is reasonably
practicable.
6. Grantee shall indemnify, defend and hold Grantor harmless 6 d against any and
all loss,cost,damage,liability or expense(including reasona�a# ri'ys'fees actually
incurred and court costs) incurred by Grantor in connection withtthe exercise by
Grantee of the easements and rights conveyed herein, except to v "e extent caused by
the negligence, gross negligence, or willful misconduct of Grantor, its employees,
tenants, contractors, agents or licensees. Grantor shall indemnify, defend and hold
Grantee harmless from and against any and all loss, cost, damage, liability or expense
(including reasonable attorneys' fees actually incurred and court costs) incurred by
Grantee in connection with the breach by Grantor of its obligations created herein,
except to the extent caused by the negligence, gross negligence, or willful misconduct
of Grantee, its employees,tenants,contractors,agents or licensees.
OR 6338 PG 1195 1 6 8 1
EXHIBIT i3
Page 3 of -7
7. Nothing contained herein shall be deemed to be a gift or dedication of property or
Easement Area affected hereby, or any portion thereof,to the general public or for any
public use or purpose whatsoever,it being the intention that nothing in this Agreement,
expressed or implied, shall confer upon any person, other than the parties hereto,their
respective successors-in-title and the Benefitted Parties, any rights or remedies by
reason of the herein granted easements.
8. The4r{e . .,and burdens of the easements herein granted and the agreements related
therete`hg ;n.ade shall bind and benefit of Grantor and Grantee and their respective
successors,su ;essors-in-title, legal representatives and assigns.
9. If Grantor or. antee or their successors or assigns seek to enforce,declare,or interpret
this Agreement or._any of the terms hereof, the prevailing party shall be entitled to
recover from the. nip prevailing party all costs and expenses actually incurred,
including, withoutiitation, reasonable attorney's fees at all levels of pre-litigation,
litigation,post-litigation ;Pfal and at all alternative dispute resolution preparation and
proceedings. Such costdepenses include, but are not limited to, costs of appeal,
court costs, and court`re orter'S54fees and all actions and matters in the Bankruptcy
Court.
IN WITNESS WHEREOF, Gr to .n Grantee have executed and delivered this
Agreement as of the day and year first abo t
WITNESSES: .',fetitiLIER LAND HOLDINGS, LTD.,a
Flfrra lipited partnership
By:Tad , ' CE Management,LLC, a
Florida LimlLiability Company,its
general partner
Print Name: f1,4ksi:,-.(e;e }
c ctc VGnae( t1 r e.c.tA o Fl 50
: b4 By.
Print Name: �Ol ER.
Print Name: Witepal.,bir '"'Ve Title:�/'cE R?.��DE T� •
q� 1fC�not bi @ea Go eo.t.4
l� S 01 W Gy9 I C5, (=t 3 4 I o 1 (corporate seal)
OR 6338 PG 1196 v
EXHIBIT
Page / of l
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of[ physical presence
or[]online no ; ti ,this 4 day of MO A ,202i-by P{C4 VATE(?., ,the
- f TARPON BLUE CE MANAGEMENT,LLC,a Florida limited liability
company, the Gei e 4.-3P r ner of COLLIER LAND HOLDINGS, LTD., a Florida limited
partnership. He "is. personally known to me or El has produced
„., as identification.
c(lat,omxtil
Notary Public in the State and County
aforesaid.
(seal) , Y''� ommission Number: A tail
lO 5
e Commission expires: 4 POdii
rizx1 N' tary Name: LGI�IXPk17( 10Y Oto / P'IJIIOVates
-�. TAnTR I� .N ,,
":� ` Commissbny HHCLAR 261093MORALES
.4.'R°`: ExPkes May 4,2026 . ›..•
i ' ter K
Yp_,,......,
‹ mow
OR 6338 PG 1197 1 6 LJ
EXHIBIT
Page off_
IN WITNESS WHEREOF, Grantee executed and delivered this Agreement as of the day
and year first above written.
GRANTEE:
Witnesses: '; Gargiulo,Inc.
B /2t4LJ%1dLtL
Print Name: .1 dam,
15 000 U S ala u S N Np\CSName: Michael W. Sullivan
_ / . " �
)r L 3Lja1�0 Title:President and CEO
Print Name: "% r4-4)
15000 US 0ld US N1 ryjic
N�(�ICi 1, '3`A
STATE OF FLORIDA
COUNTY OF COLLIER <•
�
The foregoing instrument was acknoledv before me by means of[Jrphysical presence
or [] online notarization on this 2${h day of �" , 202Y,, by Michael W. Sullivan, as
the President and CEO of Gargiulo, Inc., a .! [t re, corporation. Such person is
personally known to me or has produced a valid dri<eeki9,rise as identification.
D.COL!/
9
lssiO* 'kr '% Not ic<
ac"901Y?e *.• My commission ires:_,02(2%(Z5
T.Z"• #HH 058437
k• 4• yp°tided tv0
STATE-
/001111111100
P.\DOCS128740\000011DOC\2922657 DOCX
OR 6338 PG 1198
EXHIBIT f3
Page G7 of 1
EXHIBIT "A"
EASEMENT AREA
. /ti
v.
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ua,w H i:,ls"Nla[ ,i oral -ars[� .I.VVwNW.MIGra..11MOVIIMM cr.vogr"fag:. , Flh:d$'MAW"
riT- •�r�:::+ca
..ur nN xr Cy 1i. .`C5::: ...C.....
— \ ... • x, �'' `.`eµ.���ir�o�nti,~yam?
(ri.•.A<.1� Nea vta>a�s�m� nn xUuaa°°°e?� \ W�_J�_�.u-� ,urox xx[a rux"wxr[t[ - �,PfA[E OF ��
..M,.1p Mg ,\\.",w VOru'ij« .` J u v-ee-.Wiu Draw.,.,:of,
.••.w[.)w .\,\ IONNSIxP.)SOUK RLNCC`10 FD' ,
`M / BDT A Ell NVEX
`c COLLIER ENTERPRISES MANAGEMENT.INC v•'•"'
\\ 1'. w,.' µ t„e�.R;te
M 1,
,.,-%
*** OR 6338 PG 1199 *** 1 6 S 1
EXHIBIT
Page 1 of
` , .
11:1 _
LL CRAn[ROAo
A
ALL THAT PART OF SECTION 34,TONNSHi 47$90111.RAA,GE?B EAST,COLLIER COUNTY,FLORIDA,BEING IMRE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST COTTER OF 9,V0• Cl/0..5'
THENCE 5 0021'AY E ALONG ME NEST UNE Of SA1R:; CT 3t`' DISTANCE 0[1]A6.0�FEET;
THENCE LEAVING SAID NEST LINE N 69'36'13-E 1C QIST_, or FEET TO THC POINT OF B[CINNING Of ME
PARCEL HEREIN BEING DESCRIBED; ,Iw
THENCE N 900000'E A DISTANCE OF 462.99 FEET T2tAN'��•'`o;S[�10Jt'UM 114E WESTERLY RIGHT-OF-WAY OF
WELL GRADE ROAD(100'R.O.W.);51 `\ `..`
RIENLC S 2545'40'E ALONG SATO WESTERLY RIGHT-OF-WANTa dM(MCC' 11 OA FEET:
M[NCC LEAVING SAID WESTERLY RIGHT-OF-WAY N 60E00)1",,yvIA.-O0STA 530.96 FEET;
RRNCE N CO'21'A T'W A DISTANCE OF 29.46 FEET 10 ME INNING. 'CUR CONCAVE EASTERLY AND
HANNG A RADIUS OF 7390.00 FEET; `����
THENCE ALONG ME ARC OF SAID CURVE THROUGH A CENTRAL OWED. .QO'3 N AR AC DISTANCE OF 20.52
FEET TO THE PONT OF BEGINNING OF ME PARCEL HEREIN DESCRIBED,'
•
CONTAINING A TOTAL AREA OF APPRO%EAAICLT I 16 ACRES. \�;'
• OLLIER ENTERPRISES IIANAOEMENT,INC.s
Nrt rt wm mWrtr,rums Fuss a urt
.rt.nnu.=as.isra"'urruniaterr ram
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